Mandatory Secret Ballots Before Employee Industrial Action

Mandatory Secret Ballots Before Employee Industrial Action
Author: Graeme D. Orr
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

In late 2005, the conservative Federal Government mandated that any 'protected' industrial action must be approved by a prior secret ballot. This article examines the heritage and specifics of this legal regime, and the emerging case law on it. Competing rationales for the law are considered, particularly individualist notions of democracy and the repression of strike action. These rationales are considered in the light of the law's interference with freedom of association. Unlike previous efforts to mandate voting procedures in union affairs, this regime was not introduced at a time of industrial unrest or economic downturn, but at a time of record low industrial action. Its chief practical effect is to give employers additional notice of likely industrial action, and to enhance enforcement of a one-sided, quasi good-faith bargaining regime on unions. Outside that, its purpose is largely symbolic. It reflects a view that industrial action should at best be tolerated as a last-resort in a bargaining impasse, a view that has achieved bi-partisan status with Labor's endorsement of the regime.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Strike Ballots, Democracy, and Law

Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher: Oxford University Press
Total Pages: 321
Release: 2020-11-05
Genre: Law
ISBN: 0192642642

International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.